THE IMPACT OF DOMESTIC VIOLENCE ON THE KENYAN SOCIETY AND AVENUES IN ADDRESSING THE PHENOMENON

Abstract

Domestic violence is very evident around the world. Indeed, there are cases of domestic violence in every society. The United States for instance witness has an estimated two to four million women annually who fall victims of this vice. This research seeks to identify impacts of domestic violence in Kenya and the available avenues of addressing the phenomenon. To understand the impact of domestic violence, types of domestic violence form an important part of this discussion since’ different types of domestic violence present different impact. This topic is important because domestic violence is one of the most pervasive violations of human rights in the world. The study adopted qualitative research design, an approach which is concerned with describing and interpreting human experience to ensure that social situations and human experience can be understood better. The focus of qualitative research is the perspectives of the participants; it also describes the results using persuasive and expressive language. Data was collected through interviews with victims of domestic violence and experts on this matter. The researcher used open-ended questions which invites lengthier and more descriptive response on a matter of interest. The findings show that Kenya has enacted various policies, laws and regulations to respond to, prevent and manage Sexual and Gender Based Violence^(SGBV). Among the policies that were assessed are The National Framework towards Response and Protection of Gender Based Violence in Kenya, 2005. This policy brings together the various state and non-state actors in the responding to domestic violence in Kenya. The second policy was National Guidelines on the Management of. Sexual Violence, 2009. This policy provides a framework for the essential services and procedures for managing the survivors of sexual violence. Kenya also has the relevant institutions of dealing with domestic violence. These institutions are government institutions (which include police stations, courts and provincial administration); and traditional institutions. However, there are challenges and opportunities in the current policy, legal and institutional framework that need to be taken into account when developing responses. The full enforcement of the legislation is hampered by the lack of specific policies for addressing gender-based violence on one hand and lack of sufficient institutional development in the area of tackling gender-based violence at the community level or at the grassroots. It became clear that Kenya has inadequate legal framework for protecting women from domestic violence. This is because offences such as marital rape and widow cleansing, which falls within the realm of domestic violence, are not adequately covered by the country’s legal, policy and institutional framework. In respect to institutional framework, Kenya Police service has been enforcing laws dealing with prevention of gender and sexual based violence. The service has also introduced gender desks in most of the country’s police posts and stations. Gender desks have led to some improvements in reporting of domestic violence cases and apprehending offenders. The judiciary has been at the forefront in ensuring that there is accountability for human rights violations. Provincial administrations such as county commissioners are deputy commissioners, assistant commissioners, chiefs and assistant chiefs have also been involved in addressing domestic violence cases in the grassroots. However, in many cases they apply customary justice mechanisms when dealing with domestic violence cases something which disadvantages women.